Allen Real Estate Attorney

The Kazi Law Firm is an experienced real estate firm that handles property claims, title related issues and landlord/tenant matters. Our founding partner, Nyla Kazi, is an experienced real estate attorney, active Texas licensed realtor, as well as an avid property investor. Real estate is our passion, and we represent buyers, sellers, brokers, agents, corporate officers, and investors in property and title disputes throughout the Lone Star State.

The Kazi Law Firm maintains a diverse real estate practice. Our attorneys are experienced in resolving complex real estate issues, including purchase and sale disputes, distressed properties including foreclosure and short sales, acquisition and disposition of real estate, deficiency judgments and other issues relating to real property.

We counsel clients on a variety of matters including buying and selling of real estate (single family residential, multi-family, investment, luxury, commercial), short sales, deed in lieu of foreclosure, mortgage debt settlement, review and advice of foreclosure notices and process, contract disputes, commercial and residential leasing, risk management, asset protection for landlords and investors. Additionally, we handle boundaries & easement disputes, construction issues, deed and title work, closings, quiet title suits, FSBO (For Sale By Owner) and landlord/tenant law.

Does a buyer need a real estate attorney?

In Texas, you are not legally required to have a real estate attorney when purchasing a home. However, in several other states, you are obligated to have an attorney for all real estate transactions. Overall, if you’re new to the process of buying or selling a home, an experienced Allen real estate attorney is worth the cost. It’s not uncommon for a sale to start simple but have issues arise later. An attorney will make sure that your interests are protected.

In a purchase transaction, real estate attorneys are required in the legal preparation of deeds, document drafting (such as the sales contract or purchase contract) and negotiating. A buyer’s attorney will typically perform the following functions in a purchase transaction:

• Drafting the sales contract/purchase contract – Your attorney prepares and reviews this document, which legally binds the buyer and seller to a sales contract. The legal document includes the conditions and terms related to the sale. The document also includes dates of the offer, acceptance, mortgage contingency, and closing.

• Negotiate on your behalf – Disputes can come up at any part of a residential transaction. In worst case scenarios, the buyer can even lose money. An attorney can negotiate on the buyer’s behalf – whether for fixing repairs, maintaining earnest money in a bad deal, or protecting you from defaulting on a contract.

• Reviewing the title and closing disclosures – At the closing, the buyer’s attorney reviews the figures on the closing disclosure to ensure they are correct. They will also look at the title and double check it is free and clear of all encumbrances and liens.

• Power of Attorney – Sometimes buyers aren’t able to make it to closing due to unforeseeable circumstances. In these instances, your attorney will be able to sign for you with a power of attorney agreement.

• Trust Attorney Opinion Letter (AOL) – If you close your property in a trust, you will need to supply your mortgage lender with an Attorney Opinion Letter (AOL) for approval. An AOL is an opinion from an attorney given in a form of a one-page letter expressing legal conclusions/analysis of the matter regarding holding title in the trust(s).

Does a seller need a real estate attorney?

Again, in Texas, a seller is not required by law to enlist the help of a real estate attorney. However, it is prudent to engage counsel in all real estate transactions. For example, a seller’s attorney also will be heavily involved in the negotiation process and preparation of deeds and contracts during the sale of a property. A seller’s attorney will typically perform the following functions in a real estate transaction:

• Drafting the Sales Contract/Purchase Contract – The seller’s attorney provides the percent of the tax proration credit – typically either 100%, 105%, or 115%. The attorney investigates whether the reassessment of taxes has increased on the property and provide the title company a final number for the tax proration credit.

• Conducting the title search – The attorney orders a detailed review of public records to see if there are any title concerns with the property. They review the results and ensure accuracy before the title commitment on the property.

• Deed transfer – The seller’s attorney provides the deed of the property to the new owner. The deed is a formal, legal document transferring rights of ownership to another entity or person.

• Ordering the Payoff Statement – The attorney will order the Payoff Statement if there is a mortgage on the property being sold and furnish to the title company with the wiring instructions.

• Reviewing the Paid Assessment Letter – The seller’s attorney reviews the Paid Assessment Letter, a document stating all HOA dues have been paid, and makes sure the balance is zero. This is a condition on the title commitment and will not be cleared without a letter.

• Drafting of closing documents – The seller’s attorney drafts the closing documents.

• Ordering the location survey – The seller attorney orders a survey, which shows the location of the improvements on the property in relation to the boundary lines of the property. This results in a physical inspection of the property to make sure the boundaries are accurate and there are no encroachments.

• Transferring Tax Declarations – The attorney fills out the form and files the declaration. The attorney also clears title of all issues related to the seller. 

Should I use a title company or an attorney?

A title company works for the title insurer, not the buyer or the seller, whereas real estate attorneys work for whomever hires them. Once hired, an attorney represents that client throughout the transaction. Furthermore, in addition to overseeing the transaction to completion, they look out for their clients’ best interest and advocate for their client. The title company’s role is to prepare the basic closing documents required by the title insurer to complete the transaction and issue the title insurance policy.

Also, keep in mind that title agents do not have law degrees and cannot provide legal advice. When there are problems or questions, the buyer/seller can’t turn to the title company for help or advice. One of the most common issues that comes up is how to take title to the property, which has legal and tax ramifications. A title agent cannot provide advice in this situation, but a real estate attorney in Allen, TX can. Realtors as well as the buyer/seller, benefit from working with attorneys since the attorney can review the contract and answer legal questions during the contract negotiation process, whereas title companies cannot.

Additionally, title agents can’t create contract addenda, address problems in the sales contract, deal with non-standard forms, or correct legal issues that affect the title. This is important because if an issue arises, corrective documents may need to be obtained or created. Your Allen real estate lawyers can provide legal advice on the best way to handle the issue, as well as prepare necessary documents, title agents cannot. Depending on the issue, a title agent will in fact have to send parties out to hire an attorney (at their own expense) to handle specific problems. Not having a reputable Allen real estate lawyer can delay the closing or even cause the transaction to fall apart entirely.

How much does a real estate attorney cost?

Not all real estate attorneys are created equal. With most things in life, you often get what you pay for. It’s prudent to hire an experienced real estate attorney in Allen, TX with an excellent reputation, superior client reviews, outstanding bed side manner, and transparent fees. This is not the time to go bargain hunting. To keep matters in perspective, real estate attorney fees are a drop in the bucket compared to the total cost of the transaction. At the Kazi Law Firm, we offer our clients reasonable, flat-fee packages.

What is the greatest benefit of using a real estate attorney in Texas as opposed to a realtor?

Most residential transactions in Texas are completed using the TREC 1-4 Residential Contract for Resale. Other popular TREC forms include the Residential Condominium Contract for Resale and the New Home Contract for completed construction. Each one of these forms is promulgated by the Texas Real Estate Commission (TREC). All license holders under TREC must use these promulgated forms or forms drafted by an attorney in Texas. (https://www.trec.texas.gov/)

Negotiating real estate transactions allows the opportunity for a buyer or seller to gain certain benefits in the transaction. Unlike brokers and real estate agents, Allen real estate attorneys can modify the actual language of the form and draft special provisions and addenda as part of the contract. Realtors are limited to simply filling in the blanks. Some of the common issues and adjustments made by real estate attorneys to the residential sales contract include:

• “As Is” Language
• Providing Survey “As Is”
• Eliminating Specific Performance
• Seller Financing Terms
• Revocation of Offer Deadline
• Appraisal Contingencies

Do you have a boundary dispute with a neighbor?

Most homeowners in Texas have three abutting neighbors – one on each side and one behind them. North Texas has a rapidly growing population of over 8 million people, according to the most recent U.S. Census Bureau’s estimates, making it the most populous metropolitan area in both Texas and the Southern United States, and the fourth largest in the country. It’s no surprise that with the immense number of homes being built to accommodate our growing population, fence and boundary disputes are inevitable. (https://www.census.gov/)

Unfortunately, most boundaries disputes must be resolved in court as emotions tend to run high between quarreling neighbors. However, some encroachment claims can be resolved with a simple demand letter from an experienced Allen real estate attorney.  Lawyers are neutral third parties that can shed light on the black letter law, with no emotion to cloud their judgment when communicating with an infringing neighbor.

Do you have an easement dispute that requires an Allen Real Estate Attorney?

An easement, in laymen’s terms, is a legal right to use another’s land for a specific limited purpose. Sometimes people confuse their easement obligations to others, and disputes arise. Most easement disputes can be resolved by a demand letter from your real estate attorney in Allen, TX. Easements are deep seated in property law and most disagreements are mere misunderstandings between property owners.

Do I need an Allen Real Estate Attorney for a new deed?

The Kazi Law Firm prepares all types of Texas deeds. We prepare Quit Claim Deeds, Warranty Deeds, Special Warranty Deeds, and Fee simple Deeds on a regular basis for a competitive fee. We also prepare Ladybird Deeds or Life Estate Deeds for our clients’ estate planning needs.

There are three basic types of Deeds in Texas which are used to convey real property: (1) General Warranty Deed, (2) Special Warranty Deed, and (3) Deed Without Warranty. Each of these Deeds primarily accomplishes the same thing. That is, they actually convey the interests owned by the Grantor in the real property being conveyed. The granting clause contained in each of these deeds affirmatively grants “all right, title, and interest” that the Grantor holds in the particular real property being conveyed. The typical words of grant used in a Deed to show intent to convey are “grant, sold, and conveyed”. However, other words, such as “transfer” or “alienate” may suffice.

What is a “clouded title” or a title defect?

For various reasons, you may have a title defect that is preventing you from taking out a mortgage, refinancing or selling your property. Occasionally, clearing a cloud on a title only requires getting in touch with the right people, and other times it takes a lengthy lawsuit.

Let the Kazi Law Firm guide you through the process to obtain a clean title to your property. If you have a clouded title or some type of title defect that is impeding on your ability to sell or refinance your home, please don’t hesitate in contacting your neighborhood Allen real estate lawyers.

Do you offer real estate closing packages? Can you help with FSBO transactions? How about new construction?

Yes, we offer partial document review packages, FSBO assistance, full, comprehensive sale or purchase packages, as well as new construction support. Contact the Kazi Law Firm today to find out which option is right for you.

• Basic Document Review & Closing Package

This is our most basic closing package and includes having your closing documents reviewed by our Allen real estate lawyer prior to your closing with a title company. We review the closing documents for a low flat fee, for your peace of mind.

• Full-Service, “Contract to Closing” Package

This option is for those clients that desire the assistance of an experienced Allen real estate attorney from start to finish. If you want peace of mind that comes with assurance that all the t’s are crossed and i’s are dotted, then this option is for you. Your experienced Allen real estate lawyer will oversee the entire transaction, from “contract to closing. You can rest assured that each document and shred of paper will be scrutinized by an attorney before it is passed on to you for signatures. Your lawyer will have eyes on each and every addendum, amendment, contract change, closing document, etc. Your Allen real estate attorney will oversee the realtors, the title company, the lender, the mortgage broker, and the home inspector. The Kazi Law Firm strives to provide a stress-free and pleasant home buying or selling experience for our clients.

We then follow up with the County Clerk to make sure that the documents are recorded with the county correctly and the funds are disbursed to the lien holder or seller. Our “For Sale By Owner” (FSBO) clients will usually opt for this package. Prices vary for residential and commercial properties. (https://www.forsalebyowner.com/)

What is a partition action?

When joint owners of real property cannot agree to the terms of sale, a partition action is necessary. A partition action is a lawsuit that petitions the court to order the sale of real property, where owners cannot come to agreed terms of sale. Once the sale is completed, the judge will order disbursement of the funds proportionally to each owner.

What are the main reasons for filing a partition action?

Clients who contact us to file a partition action will usually have one (or two) reasons to do so. The first reason is that the property expenses are not shared proportionally by the owners. If a co-owner is not paying any of his or her share of the costs/expenses associated with the joint property, the other owner(s) will not be happy. Such costs can include taxes, insurance, mortgage payments, maintenance, homeowner’s association dues, etc. 

Unfortunately, you typically can’t force someone to pay these property-associated expenses, but you can force them to sell the property to recover the money you expended on the property. When a property is owned by more than one person, but the costs associated with it are not shared proportionately we can petition the court to disburse the proceeds of the sale according to the relative share of funds invested by each party into the property.

The second main reason for people filing a partition action is to force compliance or cooperation from another co-owner. If a co-owner will not agree to sell the property in question, you will have no other choice but to file a partition action.

Please keep in mind that only a judge can force a joint owner to sell real property. If you own a portion of real property but can’t get the other owner(s) to agree to sell it, you should call your knowledgeable Allen real estate lawyer to find out what your options are.

Why do I need a real estate lawyer?

Purchasing a home is one of the most expensive and significant milestones in one’s life. Most people are enamored by the glitz and glamour of the gourmet chef’s kitchen or opulence of the master suite. Few people realize the countless hours of meticulous and painstaking work that goes into a real estate transaction. Due to the substantial financial investment being made, it is prudent for home buyers to fully understand their rights, protect their interests, and comprehend their obligations. Our experienced Allen real estate lawyers at the Kazi Law Firm are prepared to help you address a wide range of residential real estate issues, including but not limited to:

• Contract preparation
• Lease negotiations, agreements & enforcement
• Property management
• Refinancing agreements
• Title searches and opinions
• Deed preparation
• Closings

The Kazi Law Firm is devoted to working diligently and efficiently to avoid unnecessary delays and expenses. We strive to ensure that our clients have a pleasant and stress-free transaction. Our clients are apprised of developments at each stop in the process. We believe transparency in all relationships is the key to success. Our experienced Allen real estate lawyers minimize our client’s financial risk, while providing seamless and honest legal representation.

Whether you are buying, selling, refinancing, or simply need an answer to a legal question, the Kazi Law Firm will provide you with outstanding personalized service. No two transactions are the same and as such we pride ourselves on customizing our representation to fit your specific needs. Let the Kazi Law Firm be your ally in the realms of commercial and residential real estate.

What is refinancing?

Recently, refinancing your home loan has become increasingly popular as interest rates dip to historic lows. When you refinance, you substitute one loan at a higher interest rate with another loan at a lower interest rate. With the lower interest rate, your monthly payment should be lower, with all other variables remaining the same. Remember, it is not advisable to move from a fixed-interest rate mortgage to a variable-rate mortgage.

What is title insurance and why do I need it?

The sale of a residential or commercial real estate property is a highly complex process, and title insurance has become an indispensable component of a successful transaction. A mistake in a prior deed, an outstanding ownership claim, a hidden lien or outright fraud, – any of which may result in losses for the owner or lender, are surprisingly common occurrences. When owners and lenders suffer losses related to a covered risk, title insurance provides indemnification against those losses.

What are the benefits of title insurance for the homeowner?

Owner’s title insurance protects you against defects in the title to your property which originate prior to the policy date. While lenders often require property owners to purchase the lender’s title insurance to protect their interests, property owners must purchase a separate owner policy to protect themselves from covered losses, including court costs and attorneys’ fees, that could result from title defects.

Remember, the covered risks are not obscure improbabilities. Nearly a billion dollars in claims are paid every year in this industry. ( https://www.tdi.texas.gov/)  An owner’s policy involves a one-time premium for coverage that lasts as long as you own your property or are liable under warranties after selling. The only time it may be necessary to purchase additional coverage is when the value of the insured property has increased significantly since the date of the original policy. Expanded coverage policies are also available in most markets. These policies insure above and beyond the basic covered risks of a standard policy including losses related to some matters which may occur after the policy date.

What are the benefits of title insurance for the lender?

Lender’s title insurance ensures that the lender’s lien is valid, that it is in the intended lien position, and that title to property is as shown on the policy. Lender’s title insurance protects against title defects which originate prior to the date of the policy.

What types of the legal issues does the Kazi Law Firm handle?

We handle the following real estate and property law issues (including but not limited to):

• Title commitment & exception documents review
• Real estate contract preparation & review
• Abstracts of title review
• Survey and easement review
• Preparation & review of all closing documents, including but not limited to, Promissory Notes, Deeds of Trust & Warranty Deeds
• Easements
• Foreclosures
• Restrictive covenants
• Homeowner’s association issues
• Condominium declarations
• Boundary & fence disputes
• Real estate litigation & mediation
• Condemnation
• Eminent domain
• Title disputes
• Zoning disputes
• Mechanic’s and materialman’s liens
• Lease agreements
• Security deposit disputes
• Landlord/tenant issues

Why should I choose the Kazi Law Firm to handle my real estate matter?

Real estate law is riddled with nuances not covered under general contract law. At the Kazi Law Firm, we provide honest, dependable, and knowledgeable legal representation to buyers, sellers, lenders, developers, and realtors. We can help you close transactions and help avoid contract and title disputes that lead to litigation or liens. Our proven track record of success and thorough guidance is evident from our abundance of 5-star reviews online and stellar reputation in the community.

The Kazi Law Firm handles both commercial and residential real estate issues. We strive to accomplish your goals as efficiently and effectively as possible. Our Allen real estate lawyers successfully handle the following matters on a regular basis:

• Purchase & sale agreements
• Contract drafting & review
• Negotiating developer & builder contracts/agreements
• Property acquisition
• Construction (new and tenant finish-out)
• Acreage tracts
• Preparing & reviewing contracts
• Lease review & drafting
• Lease-purchase agreements (also known as a contract for deed)
• Single-family residences & new construction
• Condominiums & townhomes
• Apartment complexes

What is the eviction process in Texas?

Eviction lawsuits in Texas are brought by landlords to regain possession of their property and unpaid rent. Justice of the Peace (JP) courts in Texas have jurisdiction over eviction or “forcible detainer” lawsuits in Texas. The eviction process is complicated and includes requisite notices, affidavits, and technical pleading requirements. Therefore, we highly recommend retaining an experienced Allen real estate attorney to aid you with this course of action.

Evictions are primarily governed by Chapter 24 of the Texas Property Code. Steps in the eviction process include: (https://statutes.capitol.texas.gov/?link=PR)

• Post a three-day Notice to Vacate
• File the eviction suit in the appropriate Justice of the Peace Court
• Attend a hearing for the eviction
• Receive a Writ of Possession/Judgment
• Constable posts a 24-Hour Notice for tenant(s) to vacate the premises
• Constable removes occupant(s) and their belongings

While the outline above depicts a simplified version of the foreclosure process, the reality is that notice requirements, IRS liens, bankruptcies, military service of borrower, and other laws make foreclosure a highly technical process. Whether you are in the position of borrower or lender, it is wise to use a real estate attorney to navigate the foreclosure process in Texas. (https://www.irs.gov/)

Our Allen real estate lawyers represent owners, landlords and tenants in negotiating, drafting, interpreting, and enforcing leases, subleases, purchase agreements and resolving real estate issues. Our attorneys have the skills and resources necessary to aggressively pursue your case. The Kazi Law Firm has years of experience successfully resolving cases throughout Texas. Whether your case involves residential or commercial real estate, landlord-tenant disputes, deed preparation, fence, encroachment, or boundary issues, we can help. Contact us today for your free, no-obligation initial consultation.